Terms of Use

Review of Terms & Conditions

Please be advised that The Bearded Chap may at any time revise these Terms & Conditions by updating this web page without providing notice to you. You are bound by any revisions and should therefore periodically visit this page to review the then current Terms & Conditions.

Notice to all readers

The material and information presented on this web site is intended to educate and entertain. Use of this website is not meant to serve as a substitute for professional medical advice. Please consult your doctor or health care provider regarding the use of any goods, products or information obtained from this web site before using or relying on them. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CONSULT YOUR DOCTOR OR HEALTH CARE PROVIDER IMMEDIATELY.

Limitation of Liability

Any liability of The Bearded Chap or its associates in connection with goods or services supplied to you will, (subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law), at the election of The Bearded Chap be limited to:

  • in relation to goods:  
  • the replacement or repair of the goods;
  • the supply of equivalent goods;
  • the payment of the cost of replacing or repairing the goods; or
  • the payment of the cost of obtaining equivalent goods; and
  • in relation to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

Disclaimers

The Bearded Chap and its related bodies corporate, any of its directors, officers, employees, consultants or shareholders make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on the website (including in relation to any advice or services) and subject to the section dealing with Limitation of Liability, The Bearded Chap will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the site.

The Bearded Chap does not warrant that this website, its servers, or any e-mail sent from The Bearded Chap are free of viruses or other harmful components.

The Bearded Chap provides this website, its content and  services on an "as is" and "as available" basis.  You acknowledge and agree that your use of this website is at your sole risk.

To the fullest extent permitted by applicable law, The Bearded Chap disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Release and Indemnity

You agree to waive any and all claims that you know have or may have in the future against The Bearded Chap its associates which relate to or are incidental to any transaction.

You agree to indemnify and hold The Bearded Chap harmless from and against any and all claims, loss or expense that may be incurred by The Bearded Chap or its associates which relate to or are incidental to the performance of its duties as described in these Terms & Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold The Bearded Chap and its associates harmless from any claim made by any third party due to or arising out of your use of the website, the violation of these Terms & Conditions by you, or the infringement by you, or other users of the website using your membership account, of any intellectual property or other right of any person or entity.

Copyright

All content included on the site and the products or services provided or sold by The Bearded Chap (including but not limited to the text, graphics, logos, icons, images, audio and video clips and software) is the property of The Bearded Chap and/or its content supplier and protected by Australian and international copyright laws.

No part of this site may be reproduced, retransmitted, disseminated, adapted, distributed, published, broadcast, circulated or exploit the advice or services found on this site for any commercial purpose whatsoever without the express written consent of THE BEARDED CHAP, or use such information or services for any unlawful or unauthorised purpose. Permission is granted to electronically copy and/or print hard copies of pages from the site solely for personal non-commercial purposes only.

If you believe any material contained in the website infringes your intellectual property, please notify The Bearded Chap of the alleged copyright infringement by e-mailing admin@thebeardedchap.com.

Information Provided by You

When you visit this site and purchase goods or services, we may ask you to provide us with some personal information such as your name, mailing address, email address, other contact details and payment details.  You agree to provide THE BEARDED CHAP with current, complete and accurate customer information when asked to do so by the site or an employee of THE BEARDED CHAP.  If you submit suggestions, ideas, comments, questions or other information to THE BEARDED CHAP you are responsible for such material and responsible for the consequences of any material you provide. The material shall not:

  • be false, misleading or fraudulent;
  • infringe any intellectual property rights;
  • violate any law, statute or regulation;
  • be obscene, threatening or defamatory; or
  • contain any viruses, worms or other harmful components that are intended to damage, interfere  with, intercept or expropriate any software, hardware, system or data.

THE BEARDED CHAP reserves the right to edit, restrict or remove any material you provide for any reason at any time. THE BEARDED CHAP takes no responsibility and assumes no liability for any material posted by you or any third party. By submitting any material to us, you agree that THE BEARDED CHAP may use your material for any purpose, including reproduction, transmission, publication, broadcast or posting.

THE BEARDED CHAP will treat any material supplied by you in accordance with our Privacy Policy

Privacy

THE BEARDED CHAP is committed to complying with the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000 to protect the privacy of our customers, unless given consent to do so, THE BEARDED CHAP will only collect, use and disclose your personal information as set out in our Privacy Policy.  Our Privacy Policy constitutes part of these Terms & Conditions.

Links to Other Websites and Services

THE BEARDED CHAP is not responsible for, and makes no warranties or claims with respect to any websites linked directly or indirectly via the website (excepting TheBeardedChap.com).  THE BEARDED CHAP does not monitor, approve, guarantee, endorse or adopt the accuracy or completeness of any third party content. Any such website is independent from the website and THE BEARDED CHAP has no control over, or responsibility with respect to the information provided or activities undertaken by such website.

When leaving the website, please be aware our Terms & Conditions and other policies no longer govern and you use third party content at your own risk.

Trademarks

All trademarks, logos, product names and company names found on this site are the property of The Bearded Chap and their respective owners.

Comments, feedback and suggestions

We encourage you to send us your feedback, but please be aware that any information, materials, suggestions, ideas or comments you supply are deemed to be non-confidential. By sending us this information, you also grant us unrestricted license to use, modify, reproduce, transmit, display and distribute the information for any purpose

Product Information

Although we make every reasonable effort to ensure that product information and price is up to date and as accurate as possible,  the prices and availability of such products and services are subject to change without notice. If a product or service has been listed at an incorrect price, THE BEARDED CHAP reserves the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of confirmation of an order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered.

Promotions and Competitions

Other terms & conditions not listed herein and applying to TheBeardedChap.com promotions and competitions are incorporated into these Terms & Conditions. Unless expressly stated, to the extent that the other terms & conditions are not incompatible with the Terms & Conditions herein, the other terms & conditions will be in addition to the Terms & Conditions herein. To the extent that the other terms & conditions are incompatible with the Terms & Conditions therein, the other terms & conditions prevail.

General

These Terms & Conditions are governed and construed in accordance with the laws of Queensland, Australia, without reference to its conflict of law rules. You agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.